Carter v. State

Al-Jerome Carter (“defendant”) appeals from an order denying his motion to correct illegal sentence pursuant to Florida Rules of Criminal Procedure 3.800. We reverse and remand for resentencing.

The defendant was convicted of second-degree murder for a crime committed in November of 1996. The defendant was sentenced under the 1995 sentencing guidelines, which permitted the judge to impose a life sentence if the total sentencing points exceeded a certain number. Subsequently, the Florida Supreme Court held the 1995 sentencing guidelines unconstitutional for crimes committed from October 1, 1995…